§ 34A-2-101 Title
§ 34A-2-102 Definition of terms
§ 34A-2-103 Employers enumerated and defined — Regularly employed — Statutory employers — Exceptions
§ 34A-2-104 “Employee,” “worker,” and “operative” defined — Specific circumstances — Exemptions
§ 34A-2-104.5 Nongovernment entity volunteers
§ 34A-2-105 Exclusive remedy against employer, and officer, agent, or employee of employer
§ 34A-2-106 Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer — Rights of employer or insurance carrier in cause of action — Maintenance of action — Notice of intention to proceed against third party
§ 34A-2-107 Appointment of workers’ compensation advisory council — Composition — Terms of members — Duties — Compensation
§ 34A-2-107.2 Mental Health Protections for First Responders Workgroup
§ 34A-2-108 Void agreements between employers and employees
§ 34A-2-109 Interstate and intrastate commerce
§ 34A-2-110 Workers’ compensation insurance fraud — Elements — Penalties — Notice
§ 34A-2-111 Managed health care programs — Other safety programs
§ 34A-2-112 Administration of this chapter and Chapter 3
§ 34A-2-113 Designated agent required
§ 34A-2-114 Unlawful interference — Penalties

Terms Used In Utah Code > Title 34A > Chapter 2 > Part 1 - General Provisions

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-71-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
  • Award: means a final order of the commission as to the amount of compensation due:
    (i) an injured employee; or
    (ii) a dependent of a deceased employee. See Utah Code 34A-2-102
  • Board: means the Dentist and Dental Hygienist Licensing Board created in Section 58-69-201. See Utah Code 58-69-102
  • Board: means the Physician Assistant Licensing Board created in Section 58-70a-201. See Utah Code 58-70a-102
  • Board: means the Naturopathic Physicians Licensing Board created in Section 58-71-201. See Utah Code 58-71-102
  • Board: means the Acupuncture Licensing Board created in Section 58-72-201. See Utah Code 58-72-102
  • Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
  • Child: includes :
    (i) a posthumous child; or
    (ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
  • Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decision: includes :
    (A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
    (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
  • Delegation of services agreement: means written criteria jointly developed by a physician assistant's supervising physician and substitute supervising physicians and the physician assistant, that permits a physician assistant, working under the direction or review of the supervising physician, to assist in the management of common illnesses and injuries. See Utah Code 58-70a-102
  • Dependent: A person dependent for support upon another.
  • Diagnose: means :
    (a) to examine in any manner another person, parts of a person's body, substances, fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition;
    (b) to attempt to conduct an examination or determination described under Subsection (4)(a);
    (c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (4)(a); or
    (d) to make an examination or determination as described in Subsection (4)(a) upon or from information supplied directly or indirectly by another person, whether or not in the presence of the person making or attempting the diagnosis or examination. See Utah Code 58-71-102
  • Direct supervision: means the supervising physician is:
    (a) physically present at the point of patient treatment on site where the physician assistant he is supervising is practicing; and
    (b) immediately available for consultation with the physician assistant. See Utah Code 58-70a-102
  • Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
  • Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
  • Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • First responder: means :
    (i) a law enforcement officer, as defined in Section 53-13-103;
    (ii) an emergency medical technician, as defined in Section 26-8c-102;
    (iii) an advanced emergency medical technician, as defined in Section 26-8c-102;
    (iv) a paramedic, as defined in Section 26-8c-102;
    (v) a firefighter, as defined in Section 34A-3-113;
    (vi) a dispatcher, as defined in Section 53-6-102; or
    (vii) a correctional officer, as defined in Section 53-13-104. See Utah Code 34A-2-102
  • Fraud: Intentional deception resulting in injury to another.
  • General supervision: means that the supervising dentist is available for consultation regarding work the supervising dentist has authorized, without regard as to whether the supervising dentist is located on the same premises as the person being supervised. See Utah Code 58-69-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
  • Indirect supervision: means that the supervising dentist is present within the facility in which the person being supervised is providing services and is available to provide immediate face-to-face communication with the person being supervised. See Utah Code 58-69-102
  • Injection therapy: includes using ultrasound guidance to ensure that an injection is only a subcutaneous injection or an intramuscular injection. See Utah Code 58-72-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Minor office procedures: means :
    (i) the use of operative, electrical, or other methods for repair and care of superficial lacerations, abrasions, and benign lesions;
    (ii) removal of foreign bodies located in the superficial tissues, excluding the eye or ear;
    (iii) the use of antiseptics and local anesthetics in connection with minor office surgical procedures; and
    (iv) if approved by the United States Food and Drug Administration, percutaneous injection into skin, tendons, ligaments, muscles, and joints with:
    (A) local anesthetics and nonscheduled prescription medications; and
    (B) natural substances. See Utah Code 58-71-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Motor carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104
  • Moxibustion: means a heat therapy that uses the herb moxa to heat acupuncture points of the body. See Utah Code 58-72-102
  • Natural medicine: means :
    (a) food, food extracts, dietary supplements as defined by the federal Food, Drug, and Cosmetics Act, all homeopathic remedies, and plant substances that are not designated as prescription drugs or controlled substances;
    (b) over-the-counter medications;
    (c) other nonprescription substances, the prescription or administration of which is not otherwise prohibited or restricted under federal or state law;
    (d) prescription drugs:
    (i) that, except as provided in Subsection (8)(e), are not controlled substances as defined in Section 58-37-2;
    (ii) the prescription of which is consistent with the competent practice of naturopathic medicine; and
    (iii) the prescription of which is approved by the division in collaboration with the naturopathic formulary advisory peer committee; and
    (e) testosterone, if the testosterone is:
    (i) bio-identical;
    (ii) designed to be:
    (A) administered topically, for transdermal absorption; or
    (B) absorbed across the mucosal membranes of the mouth; and
    (iii) prescribed or administered, in accordance with the requirements of federal and state law, solely for the purpose of treating a patient with a low testosterone level in order to restore the patient to a normal testosterone level. See Utah Code 58-71-102
  • Naturopathic childbirth: means uncomplicated natural childbirth assisted by a naturopathic physician, and includes the use of:
    (i) natural medicines; and
    (ii) uncomplicated episiotomy. See Utah Code 58-71-102
  • Naturopathic physical medicine: means the use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation, and the physical modalities of electrotherapy, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic mobilization therapy, and exercise. See Utah Code 58-71-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):
    (i) disability benefits;
    (ii) death benefits; and
    (iii) medical expense benefits, which include:
    (A) hospital coverage;
    (B) surgical coverage;
    (C) prescription drug coverage; and
    (D) dental coverage. See Utah Code 34A-2-104
  • Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :Utah Code 68-3-12.5
  • Practice as a physician assistant: means :
    (a) the professional activities and conduct of a physician assistant, also known as a PA, in diagnosing, treating, advising, or prescribing for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, dependent upon and under the supervision of a supervising physician or substitute supervising physician in accordance with a delegation of services agreement; and
    (b) the physician assistant acts as the agent of the supervising physician or substitute supervising physician when acting in accordance with a delegation of services agreement. See Utah Code 58-70a-102
  • Practice of acupuncture: means the insertion of acupuncture needles, the use of injection therapy, and the application of moxibustion to specific areas of the body based on traditional oriental medical diagnosis and modern research as a primary mode of therapy. See Utah Code 58-72-102
  • Practice of dental hygiene: means , regarding humans:
    (a) under the general supervision of a dentist, or under a written agreement with a dentist licensed under this chapter, as provided in Section 58-69-801, to:
    (i) perform preliminary clinical examination of human teeth and gums;
    (ii) make preliminary instrumental examination of patients' teeth;
    (iii) expose dental radiographs;
    (iv) assess dental hygiene status and collaborate with the supervising dentist regarding a dental hygiene treatment plan for a patient;
    (v) remove deposits, accumulations, calculus, and concretions from the surfaces of human teeth;
    (vi) remove toxins and debris from subgingival surfaces;
    (vii) provide dental hygiene care in accordance with a dentist's treatment plan for a patient;
    (viii) take impressions of teeth or jaws except for impressions or registrations to supply artificial teeth as substitutes for natural teeth; or
    (ix) engage in other practices of dental hygiene as defined by division rule;
    (b) under the indirect supervision of a dentist to administer in accordance with standards and ethics of the professions of dentistry and dental hygiene:
    (i) local anesthesia; or
    (ii) nitrous oxide analgesia;
    (c) to represent oneself by any title, degree, or in any other way as being a dental hygienist; or
    (d) to direct a dental assistant when the supervising dentist is not on the premises. See Utah Code 58-69-102
  • Practice of dentistry: means the following, regarding humans:
    (a) to offer, undertake, or represent that a person will undertake by any means or method, including teledentistry, to:
    (i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease, pain, injury, deficiency, deformity, or any other condition of the human teeth, alveolar process, gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region;
    (ii) take an appropriate history and physical consistent with the level of professional service to be provided and the available resources in the facility in which the service is to be provided;
    (iii) take impressions or registrations;
    (iv) supply artificial teeth as substitutes for natural teeth;
    (v) remove deposits, accumulations, calculus, and concretions from the surfaces of teeth; and
    (vi) correct or attempt to correct malposition of teeth;
    (b) to administer anesthetics necessary or proper in the practice of dentistry only as allowed by an anesthesia permit obtained from the division;
    (c) to administer and prescribe drugs related to and appropriate in the practice of dentistry;
    (d) to supervise the practice of a dental hygienist or dental assistant as established by division rule made in collaboration with the board; or
    (e) to represent oneself by any title, degree, or in any other way that one is a dentist. See Utah Code 58-69-102
  • Practice of naturopathic medicine: means :
    (a) a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injuries, and diseases that uses education, natural medicines, and natural therapies, to support and stimulate the patient's intrinsic self-healing processes:
    (i) using naturopathic childbirth, but only if:
    (A) the licensee meets standards of the American College of Naturopathic Obstetricians (ACNO) or its successor as determined by the division in collaboration with the board; and
    (B) the licensee follows a written plan for naturopathic physicians practicing naturopathic childbirth approved by the division in collaboration with the board, which includes entering into an agreement with a consulting physician and surgeon or osteopathic physician, in cases where the scope of practice of naturopathic childbirth may be exceeded and specialty care and delivery is indicated, detailing the guidelines by which the naturopathic physician will:
    (I) refer patients to the consulting physician; and
    (II) consult with the consulting physician;
    (ii) using naturopathic mobilization therapy;
    (iii) using naturopathic physical medicine;
    (iv) using minor office procedures;
    (v) prescribing or administering natural medicine;
    (vi) prescribing medical equipment and devices, diagnosing by the use of medical equipment and devices, and administering therapy or treatment by the use of medical devices necessary and consistent with the competent practice of naturopathic medicine;
    (vii) prescribing barrier devices for contraception;
    (viii) using dietary therapy;
    (ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiological function tests;
    (x) taking of body fluids for clinical laboratory tests and using the results of the tests in diagnosis;
    (xi) taking of a history from and conducting of a physical examination upon a human patient; and
    (xii) prescribing and administering natural medicines and medical devices, except a naturopathic physician may only administer:
    (A) a prescription drug, as defined in Section 58-17b-102, in accordance with Subsection (8)(d); and
    (B) local anesthesia that is not a controlled substance, and only in the performance of minor office procedures;
    (b) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (12)(a), whether or not for compensation; or
    (c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "naturopathic physician" "naturopathic doctor" "naturopath" "doctor of naturopathic medicine" "doctor of naturopathy" "naturopathic medical doctor" "naturopathic medicine" "naturopathic health care" "naturopathy" "N. See Utah Code 58-71-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-71-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public health setting: means :
    (a) an individual's residence, if the individual is unable to leave the residence;
    (b) a school, as part of a school-based program;
    (c) a nursing home;
    (d) an assisted living or long-term care facility;
    (e) a community health center;
    (f) a federally-qualified health center; or
    (g) a mobile dental health program that employs a dentist who is licensed under this chapter. See Utah Code 58-69-102
  • Quorum: The number of legislators that must be present to do business.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Substitute supervising physician: means an individual who meets the requirements of a supervising physician under this chapter and acts as the supervising physician in the absence of the supervising physician. See Utah Code 58-70a-102
  • Supervising dentist: means a licensed dentist who has agreed to provide supervision of a dental hygienist or unlicensed individual in accordance with the provisions of this chapter. See Utah Code 58-69-102
  • Supervising physician: means an individual who:
    (a) is currently licensed to practice under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
    (b) acts as the primary supervisor of a physician assistant and takes responsibility for the professional practice and conduct of a physician assistant in accordance with this chapter; and
    (c) is not an employee of the physician assistant whom the individual supervises. See Utah Code 58-70a-102
  • Supervision: means the supervising physician is available for consultation with the physician assistant, either personally or by other means permitting direct verbal communication between the physician and the physician assistant. See Utah Code 58-70a-102
  • Teledentistry: means the practice of dentistry using synchronous or asynchronous technology. See Utah Code 58-69-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-69-501. See Utah Code 58-69-102
  • Unlawful conduct: is a s defined in Sections 58-1-501 and 58-70a-502. See Utah Code 58-70a-102
  • Unlawful conduct: is a s defined in Sections 58-1-501 and 58-71-501. See Utah Code 58-71-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-69-502 and as may be further defined by rule. See Utah Code 58-69-102
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-70a-503 and as may be further defined by rule. See Utah Code 58-70a-102
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-71-502, and as may be further defined by division rule. See Utah Code 58-71-102
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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